Indian Act

(a) for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after September 4, 1951,

(b) for whose use and benefit in common, moneys are held by Her Majesty, or

(c) declared by the Governor in Council to be a band for the purposes of this Act; (bande)

Band List

liste de bande

Band List means a list of persons that is maintained under section 8 by a band or in the Department; (liste de bande)

child

enfant

child includes a legally adopted child and a child adopted in accordance with Indian custom; (enfant)

common-law partner

conjoint de fait

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

council of the band

conseil de la bande

council of the band means

(a) in the case of a band to which section 74 applies, the council established pursuant to that section,

(b) in the case of a band to which section 74 does not apply, the council chosen according to the custom of the band, or, where there is no council, the chief of the band chosen according to the custom of the band; (conseil de la bande)

Department

ministère

Department means the Department of Indian Affairs and Northern Development; (ministère)

designated lands

terres désignées

designated lands means a tract of land or any interest therein the legal title to which remains vested in Her Majesty and in which the band for whose use and benefit it was set apart as a reserve has, otherwise than absolutely, released or surrendered its rights or interests, whether before or after the coming into force of this definition; (terres désignées)

estate includes real and personal property and any interest in land; (biens)

Indian

Indien

Indian means a person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian; (Indien)

Indian moneys

argent des Indiens

Indian moneys means all moneys collected, received or held by Her Majesty for the use and benefit of Indians or bands; (argent des Indiens)

Indian Register

registre des Indiens

Indian Register means the register of persons that is maintained under section 5; (registre des Indiens)

intoxicant

boisson alcoolisée

intoxicant includes alcohol, alcoholic, spirituous, vinous, fermented malt or other intoxicating liquor or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks, drinkable liquids, preparations or mixtures capable of human consumption that are intoxicating; (boisson alcoolisée)

member of a band

membre d’une bande

member of a band means a person whose name appears on a Band List or who is entitled to have his name appear on a Band List; (membre d’une bande)

mentally incompetent Indian

Indien mentalement incapable

mentally incompetent Indian means an Indian who, pursuant to the laws of the province in which he resides, has been found to be mentally defective or incompetent for the purposes of any laws of that province providing for the administration of estates of mentally defective or incompetent persons; (Indien mentalement incapable)

Minister

ministre

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

registered

inscrit

registered means registered as an Indian in the Indian Register; (inscrit)

Registrar

registraire

Registrar means the officer in the Department who is in charge of the Indian Register and the Band Lists maintained in the Department; (registraire)

reserve

réserve

reserve

(a) means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band, and

(b) except in subsection 18(2), sections 20 to 25, 28, 37, 38, 42, 44, 46, 48 to 51 and 58 to 60 and the regulations made under any of those provisions, includes designated lands; (réserve)

superintendent

surintendant

superintendent includes a commissioner, regional supervisor, Indian superintendent, assistant Indian superintendent and any other person declared by the Minister to be a superintendent for the purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve; (surintendant)

surrendered lands

terres cédées

surrendered lands means a reserve or part of a reserve or any interest therein, the legal title to which remains vested in Her Majesty, that has been released or surrendered by the band for whose use and benefit it was set apart; (terres cédées)

survivor

survivant

survivor, in relation to a deceased individual, means their surviving spouse or common-law partner. (survivant)

Marginal note:Definition of "band"

(2) The expression band, with reference to a reserve or surrendered lands, means the band for whose use and benefit the reserve or the surrendered lands were set apart.

(a) a power conferred on a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the electors of the band; and

(b) a power conferred on the council of a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the councillors of the band present at a meeting of the council duly convened.